The stress of losing a job is felt nationally even if your industry or role is not a risk. A job loss due to a layoff or firing is a difficult event to navigate. An employee that believes that their termination was unlawful is understandably overwhelmed, as they now must navigate the situation they do not agree with and consider their financial wellbeing.
It is important to understand what an unlawful firing constitutes. Additionally, a terminated employee should understand the claim they are asserting, as this impacts the steps and process they may take.
What is a wrongful termination?
A wrongful termination is described as an employer firing an employee for an illegal reason. What is considered an illegal reason? An illegal reason for termination could be discriminatory, in violation of a federal or state labor laws, in response to reported harassment or the refusal to participate in the harassment or in retaliation for reporting an illegal act or safety violation or the refusal to conduct them.
Additionally, a firing could be considered wrongful if the employer did not follow their termination policies when firing you. Depending on your claim for wrongful termination, you may have various options to report it and take legal action.
What are your options?
If you believe you were fired due to discrimination, then you can file a report with the Equal Employment Opportunity Commission or EEOC. If a termination was done in retaliation for reporting illegal or unsafe work practices or product, then you have whistleblower rights that can protect you. A whistleblower complaint can be filed with the Occupational Safety and Health Administration of OSHA.
If you believe you were fired for exercising your legal rights under state and federal labor laws, the options available are dependent on the matter. If it was based on the exercised rights under a state labor law, then the termination should be reported to your state’s labor department. For exercised rights related to leave, wages or overtime, a complaint could be filed with the Department of Labor or directly with the Wage and Hour Division’s local office.
If you were wrongfully terminated for any of the reasons discussed or for reasons not discussed above, you still have the right to file a legal action against your employer. Note that if you are making a claim of discrimination, a report must be filed with the EEOC prior to filing a suit against your employer. If you are unsure of your options or seek answers to any questions or concerns, a legal professional is a great resource for answers.